Government breached right to freedom of expression - Court

• NGOs demand Owen Bonnici’s resignation

The government has been found to have breached an activist’s right to freedom of expression in a case concerning the clearing out of the makeshift memorial dedicated to slain journalist Daphne Caruana Galizia.

The constitutional case was filed by civil society activist Manuel Delia against former Justice Minister Owen Bonnici.

The judgment was handed down on Thursday morning by Mr Justice Joseph Zammit McKeon.

Activists have been at loggerheads with the government after the memorial was cleared after every vigil held by civil society groups, on the 16th day of each month.

The court had heard Parliamentary Secretary Deo Debattista, responsible for public cleansing, how Bonnici had asked him to clear the memorial after the decision to restore the Great Siege monument had been taken.

Debattista said he had never given any direct order to that effect but had learnt from the media that the monument had been cleared some 20 times.

The court found that the continued clearing of the monument amounted to a breach of the applicant’s right to freedom of expression.

Lawyers Jason Azzopardi, Therese Comodini Cachia, Paul Borg Olivier and Eve Borg Costanzi appeared for the applicant.

Civil Society NGO is due to hold a press conference at 11am.

At a press conference after the ruling, Civil Society called on Education Minister Owen Bonnici to resign.

In a press conference at the foot of the monument, activist Manuel Delia quoted from the judgement handed down.

The court, Delia said, had totally rejected Bonnici’s assertion that what was being cleared was “waste” and “rubbish” that should be removed by his employees.

The court also said that before September 2018, when the case was opened, the orders that the Cleansing Department workers had was to not touch anything from the monument. This order remained in force until it was changed by a “direct decision taken by Owen Bonnici”.

The court, he quoted, had also observed that it was not “morally serene or convinced” that the restoration of the monument which had led to it being hoarded off– which took some three months – was ordered because of damage done by the protestors.

“The court is of the firm conviction that is founded on proof that the removal of objects from the protest was done with the thought and sole intention of stopping the applicant and others of the same though from expressing themselves liberally,” Delia quoted.

“The court declared in the most explicit manner that what Bonnici did was not to clean or to restore the monument, it was to censure the fundamental right of expression,” Delia said.

He pointed out that he had submitted the case himself because someone has to present themselves as the victim in such a case, noting however that the decision is in favour of all who had ever protested at the monument.

He said that the court had ordered the government to compensate him for the breach of his fundamental rights through a fee of €1,000, ordered the return of all banners, and ordered Bonnici to pay for the expenses related to the case.

Speaking about Bonnici, Delia said that court had described the Minister’s behaviour as “absurd” and his actions as “surreal”.

“The sentence categorically shows that it is Bonnici who used the memorial to create division,” Delia said.

“We have seen that division over these 500 days; we saw it even yesterday – we got shouted at, my wife got beaten up here. Bonnici is responsible for the example he set. His position is untenable. We demand his resignation,” Delia said.

He reminded Prime Minister Robert Abela that it is his duty to see that the fundamental human rights of Maltese citizens are upheld and protected, before also stating that the judgement presented an answer to Abela’s statement that Wednesday’s protest was unnecessary.

Government will not appeal

In a statement, the Justice Ministry said that, after consulting the Prime Minister and the State Advocate, it will not file an appeal, despite its right to do so by law.

“The government’s decision not to file an appeal reflects Prime Minister Robert Abela’s position on this case," it said.